M/s. Simplex Solutions Pvt Ltd , Bangalore V. Income Tax Officer, Ward-12(2), Bangalore

SA 160/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5970 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 01-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI N. V. VASUDEVAN, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER S.P. NO. & ITA NO. PETITIONER RESPONDENT 160/BANG/2018 (IN ITA NO. 1339/BANG/2018) (A.Y. 2005 - 06) M/S. SIMPLEX SOLUTIONS PVT. LTD., NO. 116/C -1, 3 RD FLOOR, 5 TH BLOCK, KHB COLONY, BEHIND AIRTEL CUSTOMER CARE, KORAMANGALA, BANGALORE 560034. PAN : A A B C S8796H THE INCOME TAX OFFICER, WARD - 12 (2), BANGALORE. ASSESSEE BY : SHRI NARENDRA KUMAR JAIN , C. A. RE VENUE BY : S HRI B. R. RAMESH , JC I T ( DR ) DATE OF HEARING : 11.05.2018. DATE OF PRONOUNCEMENT : 11.05.2018. O R D E R PER SHRI A. K. GARODIA, A.M. : THE ASSESSEE HAS FILED THIS STAY PETITION SEEKING S TAY ON COLLECTION OF OUTSTANDING DEMAND OF RS.38,91.151/- FOR THE ASSESS MENT YEAR 2005 - 06. 2. IT WAS SUBMITTED BY THE LEARNED AR OF THE ASSESS EE THAT OUT OF TOTAL DISPUTED DEMAND OF RS. 163,65,869/-, THE PRESENT OUTSTANDING DEMAND IS ONLY RS. 38,91,151/- AND THE BALANCE AMOUNT OF RS. 124,7 4,718/- BEING ABOUT 76% OF TOTAL DISPUTED DEMAND IS ALREADY PAID BY THE ASS ESSEE OR COLLECTED BY THE AO BY WAY OF ADJUSTMENT OF REFUND AND/OR DIRECT REC OVERY FROM ASSESSEES BANK ACCOUNT AFTER ATTACHMENT OF ASSESSEES BANK ACCOUNT AND THIS ATTACHMENT IS STILL CONTINUING. HE ALSO SUBMITTED THAT THE APPEAL IS ALREADY FIXED FOR HEARING ON 23.08.2018. HE SUBMITTED THAT UNDER THESE FACTS, ST AY SHOULD BE GRANTED FOR BALANCE OUTSTANDING DISPUTED DEMAND BECAUSE THE ASS ESSEE HAS A VERY GOOD PRIMA FACIE CASE. HE ALSO SUBMITTED THAT THE AO SHO ULD BE DIRECTED TO LIFT THE ATTACHMENT OF THE BANK ACCOUNT OF THE ASSESSEE. LEA RNED DR OF THE REVENUE OPPOSED TO THE GRANTING OF STAY. 2 S.P. NO.160/BANG/2018 (IN ITA NO. 1339/BANG/2018) 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND GON E THROUGH THE FACTS AND THE ORDERS OF THE AUTHORITIES BELOW. IN VIEW OF THIS FA CT THAT ABOUT 76% OF THE DISPUTED DEMAND IS ALREADY PAID BY THE ASSESSEE AND /OR COLLECTED BY THE DEPARTMENT, WE GRANT STAY OF THE BALANCE OUTSTANDIN G DISPUTED DEMAND BECAUSE IN OUR OPINION, THE ASSESSEE HAS A GOOD PRI MA FACIE CASE. THIS STAY IS VALID FOR SIX MONTHS FROM THE DATE OF THIS ORDER OR TILL THE DISPOSAL OF THE APPEAL WHICHEVER IS EARLIER. WE WANT TO MAKE IT CLEAR THAT THE ASSESSEE SHOULD NOT SEEK ADJOURNMENT WITHOUT JUSTIFIABLE REASONS IN COU RSE OF HEARING OF THIS APPEAL AND IF THE ASSESSEE DOES SO, THE STAY GRANTED BY TH IS ORDER SHALL GET VACATED AUTOMATICALLY. WE ALSO DIRECT THE AO TO LIFT THE AT TACHMENT OF THE BANK ACCOUNT OF THE ASSESSEE IMMEDIATELY ON RECEIPT OF THIS ORDE R BECAUSE IN VIEW OF THIS STAY, THE CONTINUATION OF ATTACHMENT OF BANK ACCOUN T IS NOT PROPER. 4. IN THE RESULT, THE STAY PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ON CONCLUSION OF THE HEARING. SD/- SD/- (N. V. VASUDEVAN) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED: 11.05.2018. *MS COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.